This introduction describes the parties and the services governed by this agreement, and other agreements referred to herein.
PLEASE READ THESE TERMS OF SERVICE (“TOS”) CAREFULLY. BY SIGNING UP FOR THE PIANO PLANET SERVICES OR OTHERWISE BY USING THE WEBSITE WWW.PIANOPLANET.APP AND RELATED WEBPAGES (THE “WEBSITE”) OR ANY OF THE PIANO PLANET SERVICES (AS DEFINED BELOW). YOU AGREE THAT THESE TOS ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO THE CURRENT PIANO PLANET SERVICES SHALL ALSO BE SUBJECT TO THESE TOS. YOU CAN REVIEW THE CURRENT VERSION OF THESE TOS AT ANY TIME HERE. WE RESERVE THE RIGHT TO UPDATE AND CHANGE THESE TOS BY POSTING UPDATES AND CHANGES. YOU ARE ADVISED TO CHECK THESE TOS FROM TIME TO TIME FOR ANY UPDATES OR CHANGES THAT MAY IMPACT YOU.
“Piano Planet” shall mean collectively “Piano Planet services” and all its related past, present, and/or future, website(s), app(s), mobile/web/desktop software, modules, game(s), media, user accounts, user data, communities, and spin-offs. Piano Planet and it’s assets, IP, data and all other Piano Planet services are wholly owned and made available by EmpowerED Group Inc. (“EmpowerED”). EmpowerED is a company registered in Ontario, Canada (company number: 1169151-1) and located at 3227 Cactus Gate, Mississauga, ON, L5N 8M7, CANADA. EmpowerED is sometimes also referred to herein as “we,” “us,” or “our.”
The Piano Planet Terms govern your use of the Piano Planet Services. The Piano Planet Terms may be amended from time to time with respect to operational and similar matters. If you do not accept such new Piano Planet Terms, you may no longer be able to access the Piano Planet Services (or certain parts thereof). If you continue to use the Piano Planet Services thirty (30) days or more after the date on which any of the updated Piano Planet Terms went into effect then you will be deemed to have accepted such amended Piano Planet Terms.
IF YOU DON’T AGREE WITH THESE TOS YOU WILL NOT BE ABLE TO ACCESS THE PIANO PLANET SERVICES (OR CERTAIN PARTS THEREOF) AND YOU MUST IMMEDIATELY CEASE USING ALL PIANO PLANET SERVICES.
This clause describes who can open an account with Piano Planet, and your general responsibilities as an account holder.
An account opened on the Website (“Piano Planet Account”) will be required to access and use most of the Piano Planet Services.
To create an account and use the Piano Planet Services, you must:
be an adult; or
be an emancipated minor; or
have valid parent or legal guardian consent to be bound by these Piano Planet Terms.
If you’re not an adult or emancipated minor, or don’t understand this section, please talk to your parents or legal guardian and ask for help. If you are the parent or legal guardian of a minor who creates an account with us, you and the minor accept and agree to be bound by these Piano Planet Terms. You are also responsible for all use of the account and compliance with these Piano Planet Terms by the minor, including all purchases and/or pledges made on the account. You may not create or use an account or use any of the Piano Planet Services on behalf of any other person or other legal entity or for a commercial purpose.
If you have questions about registering for a Piano Planet Account, please contact us at firstname.lastname@example.org. You are responsible for obtaining (at your own cost) all necessary hardware devices and telecommunications services required to access the Piano Planet Services.
To create a Piano Planet Account, you must have a valid email address and provide truthful and accurate information. You must be eligible to use the Piano Planet Services for which you are registering. Some Piano Planet Services may require the creation of a “user name”, “nickname”, or a “community moniker”. User names, nicknames, and community monikers are tied to your Piano Planet Account. They may not be vulgar or offensive, nor violate anybody’s trademark or similar rights, or otherwise violate any of the Piano Planet Terms. You may not use a user name, nickname, or community moniker that is used by someone else. Piano Planet reserves the right to block or remove any user name, nickname, community moniker or “persona”, if the use thereof violates any Piano Planet Terms, laws or regulations, including personality rights, rights of privacy, or trademarks.
Only “natural persons”, as opposed to any kind of legal entities (such as corporations, limited liability companies, and/or partnerships) shall have the privilege of establishing a Piano Planet Account. By agreeing to these TOS and registering for a Piano Planet Account, you represent that you are eligible in accordance with this TOS and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with these TOS on behalf of yourself and any other person (including any minor children for whom you are the parent or legal guardian) whom you authorize to use any Piano Planet Services with your Piano Planet Account (“Your Authorized Users”). You further agree that you are solely responsible and entirely liable for all activities conducted by Your Authorized Users with your Piano Planet Account, and you are responsible for ensuring that you, and Your Authorized Users understand, and comply with the terms of these TOS and all other Piano Planet Terms.
You are also responsible for all unauthorized activity on your Account to the extent that it is caused by your failure to safeguard your Account’s access credentials. Your Account may be suspended immediately and/or terminated after a notice of breach if someone else uses it to engage in activity that violates these TOS or is otherwise improper or illegal. You should not reveal your Account password to others. We will not ask you to reveal your Account password, or initiate contact with you asking for answers to your password security questions.
IF YOU ARE A MINOR IN YOUR JURISDICTION YOU ARE FORBIDDEN FROM DISCLOSING ANY PERSONAL INFORMATION WITHOUT APPROPRIATE PARENTAL OR LEGAL GUARDIAN APPROVAL. WE DO NOT KNOWINGLY COLLECT INFORMATION FROM MINORS WITHOUT PARENTAL OR LEGAL GUARDIAN CONSENT. PLEASE MONITOR AND APPROVE ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION YOUR CHILD MAY SUBMIT OR HAVE SUBMITTED TO US AND SUPERVISE YOUR CHILD’S ONLINE ACTIVITIES AND SOCIAL INTERACTIONS ON ANY OF THE RELATED PIANO PLANET SERVICES. IF YOU WOULD LIKE YOUR CHILD’S DATA TO BE REDACTED OR DELETED PLEASE CONTACT SUPPORT@PIANOPLANET.APP.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TOS, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR PIANO PLANET ACCOUNT, AND THAT ALL RIGHTS IN AND TO YOUR PIANO PLANET ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PIANO PLANET. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE NO TITLE, OWNERSHIP, OR OTHER PROPRIETARY INTEREST IN ANY VIRTUAL GOODS, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE. FURTHERMORE, EXCEPT IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR TO THE EXTENT THESE TOS SAY OTHERWISE, PIANO PLANET SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING, OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO VIRTUAL GOODS, INCLUDING THE DELETION OF VIRTUAL GOODS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT OR OUR REASONABLE CHANGES TO THE PIANO PLANET SERVICES.
This clause describes how you should behave as a member of our community.
You must not use any of the Piano Planet Services in any improper or unlawful manner or in breach of any legislation or license that applies to you. The foregoing shall apply to any behavior in connection with your use of the Piano Planet Services, and shall include, by way of example, the following actions:
This above-referenced list of conduct rules provides only examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use Piano Planet Services (whether or not such third parties are registered users of Piano Planet Services) and for the employees and representatives of Piano Planet and its affiliates and contractors.
You must also obey all national and local laws, regulations and rules that apply to your activities when you use the Piano Planet Services. Piano Planet reserves the right to suspend the use of your Piano Planet Account and terminate your Piano Planet Account after notice of breach and otherwise prevent your use of any and all Piano Planet Services if your Account is used to engage in illegal activity or in violation of these TOS or other Piano Planet Terms.
If you encounter another user who is violating any of the aforementioned rules of conduct, please report this activity to Piano Planet by contacting email@example.com.
Piano Planet is conducting a crowdfunding campaign to support the development of Piano Planet and the related Piano Planet Services. You do not purchase anything, you make a pledge towards the development of Piano Planet and the other Piano Planet Services. Your pledge entitles you to receive the selected Piano Planet Rewards when they are developed and introduced into future releases of Piano Planet, as selected. Please read this clause carefully to understand the differences between crowdfunding and a purchase.
Piano Planet is raising funds for Piano Planet and other Piano Planet Services. You may select one or more of the pledges for Piano Planet Reward(s) (“Pledge Reward(s)”) offered on the Website, or through Piano Planet’s customer service, and pay the indicated amount(s) (the “Pledge Funds”) in accordance with the following terms agreed between you and Piano Planet.
Many Pledge Rewards may be converted to pledge store credits which can later be used to acquire certain Pledge Rewards of your choice.
You have the option to reclaim Pledge Items by converting them into pledge store credits stored on your Piano Planet Account (the “Pledge Store Credits”).
Pledge Store Credits represent Pledge Funds (governed by Section 4) on your Piano Planet Account which are currently not allocated to a specific Pledge Reward. You may allocate Pledge Store Credits to eligible Pledge Rewards of your choice.
Restrictions and Limitations: The only usage permitted of Pledge Store Credits is the application toward eligible Pledge Rewards. You are not entitled to any refund of Pledge Store Credits in real life currency. Pledge Rewards obtained through promotional offers may not be converted into Pledge Store Credits. Rewards which are not Pledge Rewards, e.g. Event Tickets, Merchandise, certain promotional offers and Subscriptions, may not be converted into Pledge Store Credits. Some Pledge Rewards cannot be obtained with Pledge Store Credits, e.g. various promotional offers and Pledge Rewards limited by availability or stock, or made available through “buy-back” offers (i.e., the acquisition of pledges previously converted to store credits). Piano Planet has no obligation to provide for the option to obtain any specific Pledge Item for Pledge Store Credit.
Piano Planet offers paid subscriptions for additional Piano Planet Services. This section describes the rules applying to these paid subscription services.
If you pay a recurring (e.g. monthly) subscription for a Piano Planet Service, Piano Planet will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by email. If you continue to use the Piano Planet Services thirty (30) days or more after the date on which we notified you by email of the relevant changes then you will be deemed to have accepted these changes. If any change is unacceptable to you, you may cancel your subscription at any time. We will not refund any fees for subscriptions periods that have lapsed prior to your cancellation but we will prorate fees for any subscription cancelation. If your use of Piano Planet Services is subject to use or sales tax, then Piano Planet may also charge you for any such taxes, in addition to the subscription or other fees.
If you purchase a recurring subscription, you agree that until you cancel it Piano Planet shall automatically renew your subscription to the relevant Piano Planet Service on the relevant renewal date and charge the valid credit card number or other payment method which you have provided. The amount charged upon each renewal shall be the then-current subscription fee for the relevant Piano Planet Service, excluding any promotional and discount pricing.
You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using Piano Planet Services, even when we offer a free scholarship subscription. Please keep in mind scholarship subscriptions cannot be refunded for monetary value, and are not transferable.
Piano Planet may offer merchandize and event tickets for sale. Unlike your pledges for Piano Planet Rewards, you are purchasing merchandize and this clause describes the rules of sales applying.
The following terms and conditions will apply to any physical merchandize (e.g. T-shirts, notepads, mugs, hats, etc.) and event tickets (collectively, “Merchandize”) that you purchase from us via the Website and other related Piano Planet Services.
We have the right at any time, prior to our acceptance of your order (as described below), to withdraw any discount and/or to revise the prices set out on our Website and other related Piano Planet Services to take into account increases in the costs of manufacturing, handling or shipping the Merchandize available on our Website and other related Piano Planet Services or any increase or imposition of any tax, duty or other levy and/or any variation in exchange rates. Any prices referred to on our Website and other related Piano Planet Services are subject to change, do not constitute an offer and may be withdrawn or revised by us at any time prior to our express acceptance of your order (as described below). We reserve the right to notify you of any mistakes in any Merchandize descriptions or errors in pricing prior to dispatching the Merchandize you have ordered to you. In such event if you instruct us to proceed with the delivery of such Merchandize, you acknowledge that such Merchandize will be provided in accordance with such revised description and/or price.
When you place an order for Merchandize on our Website and other related Piano Planet Services we will send you an order confirmation email. Our acceptance of your order does not take place until you will be charged for the purchase price of such Merchandize at which point we will have agreed to enter into a contract with you for the sale of such Merchandize.
Once you have received your order confirmation email you will not be able to make any changes to your order so please make sure that everything is correct before paying.
We reserve the right to cancel any order without reason before we ship the item and you will receive a refund for the purchase amount.
We will ship the Merchandise to the delivery address stated in your order without undue delay, and in any event, within 30 (thirty) days from your order. Title and risk in respect of the Merchandize you have ordered will pass from us to you once the Merchandize is delivered to the delivery address stated in your order.
You hereby acknowledge and agree that: (a) Merchandize is shipped to you from the nearest facility available to Piano Planet, which may, however, be outside your country or economic region; and (b) you are solely responsible for any and all applicable import duties, customs fees and taxes that are payable on the Merchandize you have ordered.
If you wish to cancel your order you may do so up to fourteen (14) days from the date on which you receive the relevant Merchandize you have ordered (“Cooling-Off Period”). The easiest way to do so is to send an email requesting a return to firstname.lastname@example.org. You may also use the cancellation/withdrawal form to exercise your Right of Withdrawal (as described in Sec. 24 below). If you cancel your order during the applicable Cooling-Off Period, we will without undue delay, and in any event within 14 from the date on which we receive notice of your decision to cancel your order, fully refund to you the purchase price of the Merchandize you have ordered and, if applicable, any delivery costs paid by you for your Merchandize (provided that in no event will we reimburse you for any supplementary costs which you have incurred as a result of opting for a type of delivery other than the least expense type on offer). We will refund you using the same means of payment as you used to make your order unless you and we expressly agree otherwise.
If you have received your Merchandize and cancel your order within the applicable Cooling-Off Period, you must return your Merchandize to us without undue delay, and in any event within 14 days from the date on which you notified us that you wished to cancel your order. You shall be responsible for the costs of returning your Merchandize to us. You may also be liable for any diminished value of the Merchandize which has resulted from your handling of the Merchandize (other than that which has arisen as a result of any handling of the Merchandize that was necessary to establish the nature, characteristics and functionality of the Merchandize).
This clause describes the payment process and related matters.
You may make payments on the Piano Planet Services by using the methods available for the particular Piano Planet Service and agreeing to the terms and conditions applicable to the payment method you choose. Payment methods may vary by Piano Planet Service and your country or economic region.
You must provide current, complete, and accurate payment information for any pledge or purchase on your Piano Planet Account. When you provide credit card or other payment information to Piano Planet (respectively its payment providers), you represent to Piano Planet that you are the authorized user of the credit card or other payment method. You must promptly update all information with the relevant payment provider to keep your payment information current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date).
Piano Planet is not responsible nor liable for the performance or breach of payment processor(s). You must promptly notify Piano Planet if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting customer service at email@example.com.
Depending on the payment method chosen you may incur additional processing fees, and may not be able to automatically renew subscriptions. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. Piano Planet reserves the right to change its payment providers at any time.
As the Piano Planet Account Holder, you are responsible for all charges incurred on your Piano Planet Account, including applicable taxes, and all purchases made by you or Your Authorized Users (see Sec. 2). This means that, unless your Piano Planet Account or payment information is obtained unlawfully or fraudulently by someone other than Your Authorized Users, you will be responsible for all usage and purchases on your Piano Planet Account.
You acknowledge that pursuant to applicable finance, banking, and currency control regulations (including FinCEN) any refunds, e.g. for reversals during the 30-day statutory Cancellation Period, may only be made to the same payment method (credit card, Paypal, bank account, or other), from which the payment was received. In no event can any such refund exceed the amount of actual payments received from you on your Piano Planet Account. Piano Planet refunds can be made at our sole discretion for the value of any Pledge Reward(s) or Merchandize already delivered, the value of expired subscription periods or the value associated with any Pledges Rewards gifted or transferred by you to other Piano Planet Account(s) or received on your Piano Planet Account from other Piano Planet Account(s). Any taxes paid, such as VAT, are not refundable beyond thirty (30) days after the purchase.
You hereby acknowledge and accept electronic invoicing. Electronic invoices will be delivered to you through the email address you indicate in your Piano Planet Account. You acknowledge that such electronic invoicing is not unsolicited commercial email and that these invoices require no subscription to any mailing list for receipt by you.
We reserve the right to change our prices and fees at any time with or without notice.
This clause explains the general nature of Piano Planet Rewards as virtual goods, and to what extent you may gift them to another user. You do not become owner of the virtual goods but you receive a license to use them.
When you obtain Virtual Goods from us, what we are actually giving you is a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to use that Virtual Goods only in connection with your use of the applicable Piano Planet Services. Virtual Goods are digital elements such as packages, alpha access, subscription credit, gift codes, or can include attributes (such as “VIP status” or “Legendary Status”), or entitlement items such as “badges”, or any other points, items, and/or credits Piano Planet may release in the future (collectively, “Virtual Goods”). All Virtual Goods remain the property of Piano Planet at all times and are subject to its reasonable rules and regulations as amended from time to time. You acknowledge and agree that you have a limited license right to access and use Virtual Goods which is governed by the Piano Planet Terms, and that Virtual Goods are not redeemable for any sum of money or monetary value from Piano Planet at any time. The foregoing applies also with respect to Piano Planet’s permission to transfer such limited license in Virtual Goods to other users via “gifting.” In compliance with applicable FinCEN regulation, gifting is limited to a daily maximum of Virtual Goods up to a value of $1000 USD or less.
Piano Planet may or may not permit at its sole discretion select Virtual Goods associated with a Piano Planet Account to be transferred via gift to another Piano Planet Account, and the transfer is complete once the receiving Piano Planet Account has accepted it. The sending Piano Planet Account is not deemed to have received anything in return for the gift. To prevent fraud and abuse, each Virtual Goods may be gifted only once and thereafter is no longer eligible for gifting. Virtual Goods acquired in whole or in part through the use of store credit or in-game credit or assets are ineligible for gifting in any case. Newly created Piano Planet Accounts are not permitted to gift away Virtual Goods for a period of 30 calendar days. Pledge Rewards associated with over $1000 USD are subject to financial regulations and may not be gifted. The Piano Planet Services and the gifting functionality are not provided to facilitate or enable third-party trades and you are not entitled to any refunds or support by Piano Planet or any of its affiliates in the event that you have an issue with any trade involving a third party.
This clause explains the relations between you, us, and any third parties mentioned on our website and other Piano Planet Services. In short, we do not assume any responsibilities for such third parties and stay out of the relation between you and such third parties.
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Piano Planet. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
We make no warranties or representations whatsoever about any third party web sites which you may access through any of the Piano Planet Services or any services that are provided by any such third party through their web sites, or otherwise. Third party web sites, and services or products offered on those web sites, are in no way approved, vetted, checked or endorsed by us and you agree that we will not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such third party web sites. Links to such third party web sites do not imply that we or any of the Piano Planet Services are affiliated to or associated with such third party web sites or the operators of such third party web sites. If you decide to visit any third party web site, you do so at your own risk. In addition, your use of any third party web site may be subject to your acceptance of such third party web site’s own terms and conditions, which we suggest you read carefully before proceeding.
This clause explains how you may use the content created by PIano Planet in creating your own content, and what you may not do. It also explains that any content created by you using Piano Planet's content and then made public is owned by Piano Planet.
“Piano Planet Content” includes (1) software, software updates or patches, or other utilities and tools from Piano Planet or its licensors (“Piano Planet Software”) and (2) other text and audio visual material, the design and appearance of Piano Planet and the Website or other Piano Planet Services. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts, and methods of operation.
“UGC” is user generated content provided by you or other users of the Piano Planet Services. Piano Planet does not pre-screen any UGC and does not endorse or approve any UGC that you and other users may contribute to any of the Piano Planet Services.
Piano Planet reserves the right to remove UGC that is illegal, contrary to these TOS or objectionable to us for any reason. Piano Planet does not assume any responsibility or liability for UGC.
You are solely responsible for your UGC and may be held liable for UGC that you post.
Piano Planet Content is owned by Piano Planet which is owned by EmpowerED Group Inc. or Piano Planet’s licensors and is protected by Canadian, US, English, and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Piano Planet Content from any of the Piano Planet Services unless expressly authorized by us in writing or the Piano Planet Terms.
You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices affixed to any Piano Planet Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Piano Planet Content without Piano Planet’s express written consent. Piano Planet reserves all rights in Piano Planet owned and licensed Piano Planet Content that are not expressly granted to you in these TOS. You acknowledge that Piano Planet and/or our third party licensors remain the owners of all of the Piano Planet Content included on the Piano Planet Services, and that you do not acquire any of those ownership rights by downloading any of the Piano Planet Content or accessing any of the Piano Planet Services.
Making unauthorized copies of any of the Piano Planet Content may result in the termination of your Piano Planet Account after notice of breach, which will prohibit you from using any of the Piano Planet Services. Further civil or criminal legal action may be brought against you by Piano Planet, EmpowerED Group Inc., and/or Piano Planet’s third party licensors for unauthorized use of their intellectual property.
Piano Planet grants to you a non-exclusive, limited license to use the Piano Planet Software solely for the purpose stated by Piano Planet at the time the Piano Planet Software is made available to you. If a EULA is provided with the Piano Planet Software, your use of the Piano Planet Software is subject to the terms of that EULA and applicable law. You may not sub-license, or charge others to use or access the Piano Planet Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Piano Planet Software. You may not modify the Piano Planet Software or use it in any way not expressly authorized in writing by Piano Planet. You understand that Piano Planet’s introduction of various technologies may not be consistent across all platforms and that the performance of Piano Planet Software and related Piano Planet Services may vary depending on your computer and other equipment.
From time to time, Piano Planet may provide you with updates or modifications to the Piano Planet Software. You understand that certain updates and modifications may be required in order to continue the use the Piano Planet Software and the Piano Planet Services.
Solely in connection with your fansite or your fansite pages dedicated to any of the Piano Planet Services, we may (in our sole discretion) grant you, on a non-exclusive, revocable and non-sublicensable basis, permission to reproduce and redistribute on your fansite to end users, certain Piano Planet Services-related images, graphics or artwork (the “Piano Planet Fansite Content”) and certain Piano Planet trademarks and logos (the “Piano Planet Marks”) that Piano Planet may expressly designate “for fansite use” on the Website (or in separate electronic or written communications to you) so long as you comply with the terms and conditions described herein. You acknowledge and agree that Piano Planet shall have the right to amend, delete, add to, or otherwise modify any Piano Planet Fansite Content used or accessed by you, without prior notice.
You agree to clearly indicate that your use of Fansite Content and/or Piano Planet Marks does not constitute official Piano Planet use by displaying wording such as “This is an unofficial Fansite.”
Except as set forth herein, as the operator of an independent, unaffiliated web site, you will have sole editorial control over your fansite, except that you represent and warrant to Piano Planet that your fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of any of the Piano Planet Services, Piano Planet , or any of its affiliates, partners, or contractors, and their respective officers or employees. If at any time you post such material, Piano Planet may terminate the license set forth in this Section. Your ownership of the fansite excludes the Piano Planet Fansite Content, the Piano Planet Marks and any derivative works based upon, or including the Piano Planet Fansite Content and/or Piano Planet Marks. The fansite is not a “Joint Work” as that term is defined in the United States Copyright Act, Title 17 United States Code (“U.S.C.”), and is not otherwise a joint, collective or collaborative work under any other applicable laws.
You agree to include Piano Planet’s trademark, copyright or other proprietary rights notices, as provided on the Website, when displaying any Piano Planet Content, Piano Planet Fansite Content, or Piano Planet Marks, and agree to comply with any usage guidelines that may be provided by Piano Planet from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of Piano Planet Fansite Content or Piano Planet Marks, including in digital form; nor challenge Piano Planet’s or its licensors’ ownership of the Piano Planet Fansite Content or Piano Planet Marks, nor use or adopt any trademarks that might be confusingly similar to such Piano Planet Marks.
Piano Planet reserves all rights, title and interest in and to the Piano Planet Fansite Content and Piano Planet Marks which are not expressly granted herein. You shall not rent, lease, reproduce, modify, translate or create derivative works of the Piano Planet Fansite Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the Piano Planet Content, without the express written permission of Piano Planet. Piano Planet does not consent to the protection of any unauthorized derivative work under any applicable law. The creation and sale of Merchandize based on Piano Planet, the Website, any Piano Planet Content, any Piano Planet Fansite Content or any Piano Planet Marks is expressly prohibited.
You may not use any of the Piano Planet Fansite Content and/or Piano Planet Marks on your fansite if you charge a subscription or access fee to access your fansite, or if you make arrangements to generate advertising or sponsor revenue (except in regards to streaming as set forth below), unless you enter into a separate license agreement with us in respect of your use of such Piano Planet Fansite Content and/or Piano Planet Marks on your fansite.
Under no circumstances will Piano Planet be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages, including lost profit or lost revenues, of any kind in connection with your use of any Piano Planet Fansite Content and/or Piano Planet Marks. Piano Planet reserves the right in its sole discretion to expressly refuse to grant any particular operator of a fansite with the permissions set out in this Section, or to revoke any such permissions at any time.
In addition to the provisions of Section D above, the following shall apply to the use of Piano Planet and Piano Planet Content in videos and streaming:
We encourage you to make videos using Piano Planet Content, such as playthrough or progress videos. You may publish these videos online only, e.g. via your website or YouTube or similar video sharing services.
Your use of Piano Planet Content in videos or streaming must be non-commercial. You may not charge users to view or access your videos, e.g. a paywall or mandatory charge, ticket, or subscription. You also may not sell or license videos containing Piano Planet Content to others for a payment or compensation of any kind, and must respect the intellectual property rights of all respective owners. Nonetheless, you may allow paid advertisement on your streaming channels in accordance with the terms of service or agreement you may have with the video or streaming providers.
Piano Planet respects the intellectual property rights of others. You must have the legal right to upload UGC to the Piano Planet Services. You may not upload or post any UGC on any of the Piano Planet Services that is protected by copyright, trademark or other intellectual property rights unless (1) you are the owner of all of those rights; or (2) you have the prior written consent of the owner(s) of those rights to make such use of that UGC. Piano Planet may, without prior notice to you, remove any UGC that in Piano Planet’s reasonable opinion may infringe the intellectual property rights of a third party. If you infringe Piano Planet’s or a third party’s intellectual property rights, Piano Planet may terminate your Account after notifying you of your breach of these TOS. If your Piano Planet Account is terminated for your breach, you may lose access to the entitlements and assets associated with your Piano Planet Account.
In exchange for Piano Planet enabling you to contribute UGC or use Piano Planet Fansite Content or Piano Planet Marks (both as defined above in Section D above) when you contribute UGC to Piano Planet Service or use any UGC in connection with any Piano Planet Fansite Content or Piano Planet Marks (e.g. on a fansite, or mentioning the Piano Planet Marks in video, audio, visual or text format.), you hereby expressly grant to Piano Planet a non-exclusive, perpetual, worldwide, complete, unconditional and irrevocable right to quote, re-post, use, copy, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion or any derivative work thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Piano Planet all licenses, consents and clearances to enable Piano Planet to use such UGC for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such UGC.
If the Piano Planet Service on which you contribute any UGC permits other users to access and use that contributed UGC as part of the Piano Planet Service, then you hereby also grant all other users of the relevant Piano Planet Service the non-exclusive, perpetual, worldwide, complete, unconditional and irrevocable right to quote, re-post, use, copy, reproduce, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed UGC on or through the relevant Piano Planet Service without further notice, attribution or compensation to you.
Piano Planet places a particular value on its interaction with its customers and fans, and the Piano Planet community. However, if you haven’t executed a Piano Planet submission agreement in advance, neither Piano Planet nor any of its employees or contractors may accept or consider any unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved technologies, product enhancements, marketing plans or names for new services or products (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to Piano Planet or its employees and/or contractors without first contacting firstname.lastname@example.org to obtain a copy of the Piano Planet submission agreement, which you will need to execute and return before submitting any Unsolicited Ideas.
If you do submit your Unsolicited Ideas to Piano Planet or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant Piano Planet, and its designees a worldwide, perpetual, unconditional, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you.
To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas as granted to Piano Planet hereunder are valid, effective and enforceable. You also give up any claim that any use by Piano Planet and/or its licensees of your Unsolicited Ideas violates any of your rights, including, but not limited to, moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
In the case we ask for your input, ideas, feedback, testing, marketing plans, original creative artwork or other works, names for new services or products, or other opinions or ideas you may have to make Piano Planet better (collectively “Solicited Ideas”). \
If you do submit your Solicited Ideas to Piano Planet or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant Piano Planet, and its designees a worldwide, perpetual, unconditional, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Solicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Solicited Ideas to others, without any compensation to you.
Piano Planet may elect to record or film interviews with you and to create other audio-visual material depicting you during events organized by Piano Planet (“Piano Planet Event”), either separately or during trade shows, conventions, and similar events. You hereby consent that Piano Planet may use your likeness and voice on such audio-visual materials for documentary, marketing, and advertising purposes in any and all media now known or hereafter devised in perpetuity, without any compensation due to you. If you do not wish to grant such permission, please decline to be interviewed and do not participate in the Piano Planet Events.
In the event Piano Planet conducts competitions, the Piano Planet Competition Rules (“Competition Rules”) will be posted at www.pianoplanet.app/comptetition_rules, and unless otherwise indicated by Piano Planet or its representatives via the Piano Planet Services or formal Piano Planet communications, the Competition Rules apply to all competitions held by Piano Planet or its affiliates. Before a person may enter in a competition they must have a Piano Planet Account and agree to all Piano Planet Terms in addition to the Competition Rules. Winners of Piano Planet competitions may receive rewards.
This clause explains which rules apply if you participate in Piano Planet's community testing and bug report programs.
In its sole discretion, Piano Planet may contact you, or invite you to it’s early feedback group called “Primo” or as part of a wider testing and bug reporting program, to review and evaluate pre-release versions of Piano Planet, aspects or modules of Piano Planet , or online features (hereafter “Pre-release Versions”) for the purpose of identifying problems, errors and getting general feedback to improve Piano Planet. You will be asked to provide Piano Planet, your personal name, email address, and residential address, and certain feedback and suggestions regarding your experiences while reviewing and evaluating the Pre-release Versions. This process is referred to herein as a “Primo Test”. If it is a closed Primo Test, Piano Planet may ask you to enter into an Pre-release version software confidentiality agreement (“Primo Confidentiality Agreement”) BEFORE you will be allowed to be a Primo Tester (“Primo Tester”) and BEFORE any Pre-release Version(s) will be provided or made accessible to you. In such a case, your participation as a Primo Tester is subject to the Primo Confidentiality Agreement, in addition to the following terms and conditions which apply to all Primo Tests.
In connection with the Primo Test, Piano Planet may provide you, on a temporary basis, Pre-release Versions, as well as confidential and proprietary information (collectively, “Primo Materials”). You understand and agree that the Primo Materials are confidential or proprietary information of Piano Planet. You agree as a condition of participating in an Primo Test to (1) not copy or reproduce the Pre-Release Materials, (2) safeguard the Primo Materials and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the Primo Materials, and (3) if applicable, fully comply with the terms and conditions of the Primo Tester Confidentiality Agreement.
You agree to carry out the testing and/or feedback yourself while giving your honest opinion and not provide access to Primo Materials to any other person. You agree that a breach of the above obligations will cause irreparable harm to Piano Planet, and Piano Planet is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Primo Materials confidential will continue until Piano Planet publicly distributes, or has otherwise disclosed to the public through no fault of yours, the Primo Materials that you are testing.
Upon request, you agree to immediately return to Piano Planet all copies of the Pre-release Material which Piano Planet provided to you and delete any copies that may remain on any media or storage within your custody or control.
As a Primo Tester, you are invited to use Pre-release Versions for the sole purpose of evaluating the Pre-release Versions, providing feedback and identifying errors. Nothing in these TOS or any other Piano Planet Terms shall be construed as granting you any rights or privileges of any kind with respect to the Pre-release Versions or other related Piano Planet Content.
THE PRE-RELEASE VERSIONS ARE PROVIDED FOR TESTING ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO WARRANTY TO YOU OF ANY KIND, EXPRESS OR IMPLIED UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
When using or seeing Pre-release Versions, you may accumulate Virtual Goods or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular Pre-release Version completes a testing phase. In this case, all history and data may be erased.
By opening Piano Planet to start a Pre-release Version, you agree that: (1) using Pre-release Versions is at your own risk and you know that the Pre-release Versions may include known or unknown bugs, (2) any Virtual Goods or other value or status indicators that you achieve through use may be erased at any time, (3) Piano Planet has no obligation to make these Pre-release Versions available for use with or without charge for any period of time, nor to make them available at all, (4) you may need to pay a subscription or access fee in order to access these Pre-release Versions once the Primo Test process is complete and the features are included in the public versions of Piano Planet or at any time in the future; (5) these TOS apply to your use of the Pre-release Versions during the Primo Test, and (6) if it is a closed Primo Test, you will keep all information about the Primo Materials confidential as stated above and not disclose such information to any other person. Primo Test accounts are non-transferable under any circumstances.
PIANO PLANET MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO FIX ISSUES IN PIANO PLANET AND USAGE OF THE PIANO PLANET SERVICES. PIANO PLANET RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES PROVIDED, HOWEVER, THAT ALL PURCHASED ASSETS AND ENTITLEMENTS SHALL ALWAYS BE REINSTATED, SUBJECT TO SECTION 9 ABOVE.
Piano Planet may immediately suspend or terminate your Piano Planet Account(s) (and access to all related entitlements) or any subscription for a Piano Planet Service after notifying you of your breach of these TOS, or any illegal or improper use of any of your Piano Planet Account(s), or your illegal or improper use of the Piano Planet Services, products, or Piano Planet’s Content. You will lose your user names and personas as a result of your Piano Planet Account(s) being terminated. If Piano Planet terminates your Piano Planet Account(s), you may not participate in any Piano Planet Service again without Piano Planet’s express permission. To request permission to participate in a Piano Planet Service after such termination, contact us at email@example.com. You may not allow individuals whose Piano Planet Accounts have been terminated by Piano Planet to use your Piano Planet Account.
If your Piano Planet Account, or a particular subscription for a Piano Planet Service associated with your Piano Planet Account, is terminated for your breach, no refund will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Piano Planet Account (or to any related entitlements associated with your Piano Planet Account or the particular Piano Planet Service).
In addition, Piano Planet reserves the right to terminate any Piano Planet Account for its reasonable business interests and in such case Piano Planet will issue a refund.
You have the right to cancel your Piano Planet Account at any time. To do so, please contact firstname.lastname@example.org.
After you have cancelled your Piano Planet Account, Piano Planet may delete all your Piano Planet Account information and UGC. No refund will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Piano Planet Account (or to any related entitlements associated with your Piano Planet Account or the particular Piano Planet Service).
Piano Planet reserves the right to collect fees, surcharges or costs incurred before you cancel your Piano Planet Account or a subscription to a Piano Planet Service. You are also responsible for any amounts owed to third party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with any of the Piano Planet Services must be settled before you establish a new Piano Planet Account.
This clause explains the limitations on our liability to you.
NOTHING IN THESE TOS LIMITS OR EXCLUDES OUR LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE APP, THE WEBSITE, OR ANY OF THE OTHER PIANO PLANET SERVICES, THE PIANO PLANET SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. PIANO PLANET SERVICES, PIANO PLANET SOFTWARE, PIANO PLANET’S PRODUCTS AND THIRD PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. PIANO PLANET PROVIDES THE PIANO PLANET SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE PIANO PLANET SERVICES (OR ANY PART THEREOF) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PIANO PLANET WILL HAVE ADEQUATE CAPACITY FOR THE PIANO PLANET SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE PIANO PLANET SERVICES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE VIA THE PIANO PLANET SERVICES, IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT PIANO PLANET AND EMPOWERED GROUP INC., AND ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY OF THE PIANO PLANET SERVICES OR USE OF THE PIANO PLANET SOFTWARE. IN NO CASE SHALL PIANO PLANET OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY WITH PIANO PLANET, THE “PIANO PLANET AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO PIANO PLANET FOR THE PIANO PLANET SERVICES. SAVE AS SET OUT IN THESE TOS, NONE OF THE PIANO PLANET AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT, GENERAL, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF THE PIANO PLANET SERVICES, THE PIANO PLANET SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ANY OF THE PIANO PLANET SERVICES OR YOUR ACCOUNT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE PIANO PLANET AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. PIANO PLANET DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE PIANO PLANET SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF ANY SUCH PRODUCTS OR SERVICES.
This clause explains what you must do if you have breached the terms, especially if third parties sue Piano Planet for infringement by content you have provided to any of the Piano Planet Services.
Upon Piano Planet’s request, you agree to defend, indemnify and hold harmless each of the Piano Planet Affiliates and Piano Planet’s vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these TOS, or any other Piano Planet Terms, for which you are responsible or in connection with your communication and activity on the Piano Planet Services, including, without limitation, your distribution of any UGC on or through the Piano Planet Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Piano Planet harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.
Piano Planet reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
If there are any controversies between you and Piano Planet then Piano Planet will always try to find amicable agreements with you. However, if this fails this clause explains the procedures to follow.
You hereby acknowledge and agree that Piano Planet and EmpowerED Group Inc. would suffer irreparable harm if these Terms of Service or any of the Piano Planet Terms were not specifically enforced.
Breach: Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Piano Planet shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of these Terms of Service or any other Piano Planet Terms.
Jurisdiction: Because EmpowerED Group Inc. is an Ontario, Canada entity, you agree to abide by the laws of Ontario, Canada in any Arbitration and/or Court proceedings needed to remedy disputes between you and us. You also agree that all disputes and/or claims between you and us shall be exclusively decided by one of the competent courts located in Ontario, Canada.
Legal Expenses: Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with these Terms of Service or the Piano Planet Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all of the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to these TOS (“Claim”), you and us agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except as set out in Section 21. C below).
Such informal negotiations commence upon written notice from one party to the other. We will send notice to the email address and/or billing address associated with your Piano Planet Account. If you don’t have a Piano Planet Account, we will send the notice to the email address which you used to write to us about the Claim or any other email address we can find to contact you by. You agree to send your notice to EmpowerED Group Inc. at 3227 Cactus Gate, Mississauga, ON, L5N 8M7, CANADA, Attn: Legal Department with a copy via email to email@example.com.
Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.
To the maximum extent permitted under applicable law and without limiting your statutory rights to initiate a court proceeding, you and us agree that the following Claims are not subject to the other provisions in this informal 30 day dispute period section concerning negotiations: (1) any Claims seeking to enforce or protect, or concerning the validity of, any of your or PIano Planet’s intellectual property rights; (2) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any Claim for equitable relief (such as an injunction). In addition, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction instead of litigation.
Introduction: Arbitration is an alternative dispute resolution process in which the parties agree to have their disputes decided by a neutral third party and not by a sitting judge or jury. Arbitration allows parties to resolve their disputes privately and without the formality of going to court. Arbitration follows different procedural rules than a court would, and is subject to very limited review by courts.
Arbitration before Court: We agree to settle our Claims first by binding Arbitration in accordance with the process set forth in this TOS, and in the event Arbitration does not resolve the dispute, the competent courts of Ontario, Canada shall have the exclusive right to settle the dispute between you and us.
Scope of Disputes: Any dispute, claim or controversy arising out of or related to these TOS or the Piano Planet Services shall be resolved exclusively by private, binding arbitration, rather than in court, except that qualifying small claims may be submitted in small claims court and either party may seek emergency, provisional relief before the appointment of an arbitrator as specified in Section 21. C, above and in the event Arbitration does not resolve the dispute, the competent courts of Ontario, Canada shall have the exclusive right to settle the dispute between you and us. This means that, except for qualifying small claims actions, emergency situations covered by Section 21. C above, and failure of the Arbitration process, you and us waive the right to bring such claims to court, including the right to a jury trial.
Administration Organization: The arbitrator shall decide all issues in dispute between you and us. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”). A sole arbitrator shall be selected pursuant to these rules. Judgment on the Award may be entered in any court having jurisdiction.
Commencement: Either party may commence an arbitration proceeding. The party commencing the arbitration is called the “claimant.” A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party. JAMS provides a form Demand for Arbitration on its website ( https://www.jamsadr.com/ ) .
Arbitration Authority: The arbitrator shall have the power to award any type of legal or equitable relief that would be available in a court of competent jurisdiction. The arbitrator’s decision (called an “Award”) will consist of a written statement stating the disposition of each claim and provide a concise written statement of the essential findings and conclusions on which the Award is based. The Award will be final and binding upon the parties, may be confirmed by a court of competent jurisdiction, and then enforced like any other court order or judgment.
Payment of Fees: Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. You and us agree to each pay half the cost for all filing, administration and arbitrator fees unless the arbitrator finds your dispute frivolous, in which case you will pay all fees. If we prevail in arbitration you agree to pay all of our attorneys’ fees and costs. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Communication Method and Time of Arbitration: You may choose to have the arbitration conducted by web telecommunication such as Google Meet, Skype or other services we both agree on, or in person in Ontario, Canada, at a place we mutually agree on. The days and hours for arbitration shall be conducted on weekdays (Mon-Fri) during non-statutory holidays of Ontario, Canada, between 11am - 5pm Eastern (Standard/Daylight) Time.
Confidentiality: You and us agree that any dispute, claim or controversy that has been submitted to arbitration, and all related proceedings including any settlement agreement, shall be kept confidential. However, the prevailing party in any arbitration may file the arbitration Award with any court of competent jurisdiction in order to have that Award confirmed in a court order or judgment.
If Unenforceable: You and us agree that if any part of this arbitration agreement is declared unenforceable, that part shall be severed and the remainder of this arbitration agreement shall be given full force and effect. However, if Section 21. E, below, or any part of it is found to be unenforceable, then this entire arbitration agreement, all of Section 21. D, shall be severed from these TOS and all claims between you and us shall be exclusively decided by a court located in Ontario, Canada.
YOU AND US AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PIANO PLANET AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
If you would like to contact us or make a complaint about any of the Piano Planet Services, please contact us via email at firstname.lastname@example.org.
Here we state additional standard contractual rules applying to this agreement.
Third Parties. You agree that neither these TOS nor any of the Piano Planet Terms are intended to confer and do not confer any rights or remedies upon any person other than the parties to these TOS and the Piano Planet Affiliates.
Assignment. Piano Planet may assign its rights under these TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign your rights under these TOS without Piano Planet’s prior written consent, and any unauthorized assignment by you shall be null and void.
Non-limiting Language. Whenever we use “including” in these Terms, we mean “including without limitation.”
Headings. The numbers and headings in these TOS are provided to help navigate the TOS and are for informational purposes only. They have no legal effect whatsoever.
Severability. If any provision in these TOS is held invalid or unenforceable the remaining provisions of these TOS shall remain in full force and effect. If any provision in these TOS is held invalid or unenforceable, that provision shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Piano Planet.
Non-partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Piano Planet or EmpowerED Group Inc. as a result of these TOS or your use of the Piano Planet Services.
Eligibility for Service. Much of the Piano Planet Services are developed in Canada so you cannot use them if: (1) the Canadian government lists you as a specially designated national and/or blocked person; or (2) the Canadian government lists you on its denied persons list or lists of parties of concern or a list of suspected/confirmed terrorists; or (3) the Canadian government has embargoed or denied service to your country of residence by use of sanctions or other means in a way that would make it unlawful for us to deliver the Piano Planet Services to you; or (4) you’re on any similar list promulgated by an official agency or department of the Canadian government. Each time you use the Piano Planet Services you warrant and represent that you’re not located in, under the control of, or a national or resident of any embargoed country by the Canadian government.
Waiver. The failure of Piano Planet to exercise or enforce any right or provision contained in these TOS will not constitute a waiver of such right or provision. Any waiver of any provision of these TOS will be effective only if in writing signed by Piano Planet.
Force Majeure. Piano Planet shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Piano Planet, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Piano Planet’s control such as: (1) hacking, cyber-attacks, data corruption/loss (where we have taken the steps that would reasonably be taken by companies like us to avoid this event occurring); or (2) acts of god, war, terrorism, bomb-threats, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Remedies by Piano Planet. All remedies, cures and other legal measures by Piano Planet set forth herein are in addition to, not in lieu of, all remedies, cures and other legal measures provided for by applicable law. Piano Planet hereby expressly reserves its right to enforce all remedies, cures and other legal measures available under applicable law.
Governing Law. These TOS shall be governed and construed by the laws of Ontario, Canada. The competent courts of Ontario, Canada shall have the exclusive right to hear any dispute or claim arising out of or in connection with these TOS in accordance with the provisions set out in Section 21. As noted in these TOS, your conduct may also be subject to other local, provincial, state, national, and international laws.
You have the right to withdraw from these TOS within 30 (thirty) days of the date on which you became bound by these TOS (“Withdrawal Period”) without giving any reason.
To exercise the right of withdrawal, you must inform us (EmpowerED Group Inc, 3227 Cactus Gate, Mississauga, ON, L5N 8M7, CANADA, or by email at email@example.com) of your decision to withdraw from these Terms of Service by an unequivocal statement (e.g. a letter sent by post, or e-mail) during the Withdrawal Period. You may use the attached model withdrawal form, but it is not obligatory.
Effects of withdrawal.
If you withdraw from these TOS, we shall reimburse to you all payments received from you during the Withdrawal Period, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 30 (thirty) days from the day on which we are informed about your decision to withdraw from these Terms of Service. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you and us have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You will lose your right of withdrawal if the contract regards the supply of Virtual Goods or content which is not supplied on a tangible medium and the performance has begun before the end of the withdrawal period with your prior express consent and acknowledgment that you thereby lose your right of withdrawal. While performance of the supply of Virtual Goods typically refers to the moment that download of that content begins, Piano Planet will voluntarily honor requests to withdraw from the purchase of an in-app purchase made within 14 days of purchase (or for pre-purchases, 60 days from the date of purchase) and so long as the Virtual Goods have been used for less than 2 hours.
Avoidance of queries.
To help us to swiftly identify your payments, we ask you to provide your Piano Planet account email to which the Piano Planet account is registered in your communication concerning your exercise of the right of withdrawal as well as the order number and the date of the concerned order.
Example Model withdrawal form.
I hereby give notice that I withdraw from my contract for the provision of the following goods: [identify your purchase, e.g. by stating the item purchased and your Piano Planet account email to which the Piano Planet account is registered]
Order Number: [insert order number]
Order Date: [insert order date]
Your Name: [insert your name]
Address: [insert Address]
Today’s Date: [insert current date]
Instead of Section 19 “Limitation of Liability” the following shall apply:
Limitation of Liability
A. Piano Planet is liable for damages, regardless on which legal basis (be it contract, tort or otherwise), only if
B. In case that Piano Planet is liable for the violation of an essential obligation of these Terms of Service (Kardinalpflicht) without acting with gross negligence or intent then the liability is limited to the amount of payments received from the respective User.
C. If Piano Planet is liable for damages pursuant to Section 25 (A-1.) above for gross negligence or intent of Piano Planet staff other than the managing directors then the liability is also limited to the amount set forth in Section 25 (A-2.).
D. Piano Planet is not liable for indirect or consequential damages (Mangelfolgeschäden), loss of profits or frustrated costs if such damages are not a result of gross negligence or intent of Piano Planet‘s managing directors.
E. The exclusion or limitation of liability pursuant to this Sec. 25 also applies with respect to claims against Piano Planet’s staff or contractors.
F. The liability of Piano Planet with respect to death, bodily injury or health, a guarantee by Piano Planet (if any) or pursuant to the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
G. If the User is also liable for certain damages then Piano Planet shall bear an amount of such damages in accordance to its contributory negligence (Mitverschulden). With respect to the User’s responsibility for reduction of damages (Schadensminderungsobligenheit) the User is responsible for regular back-ups of its data and in case of an assumed bug shall take all further reasonable measures. In case of loss of data Piano Planet is thus liable only to the extent that such loss of data would have occurred in case of a due data back-up as well.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TOS, AND THAT BY USING OR ACCESSING THE PIANO PLANET SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS SET OUT IN THESE TOS.